Mr.K.Rajah vs Mrs.K.Jayanthi
2021 Latest Caselaw 19765 Mad

                                                                                 C.S.No.658 of 2018

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 27.09.2021

                                        CORAM : JUSTICE N.SESHASAYEE

                                                 C.S.No.658 of 2018
                                                & O.A.No.895 of 2018

                      Mr.K.Rajah,
                      S/o.V.Kanakasabai
                      Rep. by his Power of Attorney Agent
                      Mr.R.Simoh Raja Pillai
                      Room No:10, Building No:13,
                      2nd Floor, Raoli Camp,
                      K.D.Gaikwad Nagar,
                      Sion, Mumbai - 400 022.                                     ...    Plaintiff

                                                           Vs.


                      1.Mrs.K.Jayanthi

                      2.M/s.Unetech Builders,
                        Rep. by its Partners,
                        P.Thanigainathan.                                  ...     Defendants


                      PRAYER : Civil Suit filed under Order IV Rule 1 of O.S.Rules R/w
                      Order VII Rule 1 of CPC:


                            (a) That a preliminary decree declaring 1/2 share of the
                            plaintiff over the suit property and put the Plaintiff in separate
                            possession of the same.

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                                                                                  C.S.No.658 of 2018



                            (b) To declare that the Joint venture agreement dated
                            31/01/2018 alleged to have been entered into between the
                            parties is not binding on the plaintiff.


                            (c) Directing the defendant 1 and 2 to pay the plaintiff a sum
                            of Rs.20,00,000/- (Rupees twenty lakhs only) towards the
                            damages caused by them to the 1st floor of the premises.


                            (d) The permanent injunction restraining the 2nd defendant
                            from giving any more amount to the 1st Defendant claiming
                            right under illegal Joint Venture agreement dated 31/01/2018
                            said to have been entered into between the parties.


                            (e) To pay the plaintiff cost of the suit.


                                   For Plaintiff        : Mr.J.Nandagopal
                                   For Defendants       : Mr.N.V.Prakash

                                                 JUDGMENT

The parties have compromised the matter and have filed a compromise

memo before this Court. All the parties have logged in and were identified

by their respective counsel. The parties agree to the compromise and

confirm the compromise memo they have executed.

http://www.judis.nic.in C.S.No.658 of 2018

2.This Court is satisfied about the legality of the compromise memo filed.

3.The compromise memo is recorded.

4.A decree is passed in terms of the compromise memo. The plaintiff is

required to produce Non Judicial Stamp Papers.

5.The Civil Suit is disposed of accordingly. No costs. Consequently, the

connected Application is closed.

27.09.2021

Tsg Index : Yes / No Speaking Order / Non-speaking order

N.SESHASAYEE.J.,

http://www.judis.nic.in C.S.No.658 of 2018

Tsg

C.S.No.658 of 2018

27.09.2021

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